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PL 05/19/2010 - 29954PLANNING COMMISSION MEETING May 19, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, Brad Sielaff, Brad Dunham, and Marcy Sibel MEMBERS ABSENT: OTHERS PRESENT: Stacy Stromberg, Planner Steve Lawrance, SML Electrical Approval of Minutes: Apri121, 2010 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #10-08, by SML Electrical, for an electronic gas pricing sign, generally located at 7680 Highway 65 NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner, SML Electrical, who is representing Amstar Station Store, is requesting a special use permit to allow an electronic gas pricing sign to replace the existing manual gas pricing sign at their property which is located at 7680 Hwy 65. Ms. Stromberg stated according to the numbers submitted by the petitioner, the existing sign is approximately 94 square feet which is over the 80 square foot maximum requirement for this business. The petitioner is proposing to reface the entire sign on the existing pole and install an electronic gas pricing sign. The size of the sign after the reface will be 78 square feet, which will meet code requirements. Ms. Stromberg stated the subject property is located on the southwest corner of Osborne Road and Hwy 65. The property is zoned G2, General Business. The original service station was constructed in 1960. At that time, the property was zoned M-1, Light Industrial. While modern code standards require a special use permit to be obtained for motor vehicle fuel and oil dispensing services in a commercial zoning district, the 1955 zoning code allowed gasoline service stations and repair garages as a permitted use in the M-1 zoning district. As a result, the existing use as an automotive service station is conforming. Ms. Stromberg stated this property and the VFW located to the west were rezoned from M-1, Light Industrial to G2, General Business in 1990. At the same time several variances were approved to reduce the side yard setback where a driveway is to be provided from 30 feet to 4 feet; to reduce the lot area required for one main building from 3/4 acre to 2/3 acre; to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 10 feet and 5 feet, to allow the construction of an attached car wash and new pump layout on the subject property. A special use permit was also approved to allow a motor vehicle wash establishment. Ms. Stromberg stated the free-standing sign has been modified several times over the years. Though there are no variances on file allowing a larger than 80 square foot sign, building permit records indicate that the sign is over the 80 square foot size requirement. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district, except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, G2 General Business, which requires that free standing signage cannot exceed 80 square feet in size. The new sign modifications and the replacement of the manual gas pricing sign with the electronic sign will comply with the 80 square foot size limit. The electronic gas pricing sign will be 8 square feet of the tota178 square foot sign. Ms. Stromberg stated the free-standing sign meets all other sign code requirements, including but not limited to size, setbacks, and height. City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. Ms. Stromberg stated City Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall traffic in the area. not change more often than authorized under Section never flash or have motion that may distract vehicular Chairperson Kondrick asked regarding Stipulation No. 2, how often is that? Ms. Stromberg replied, not more than once very 45 seconds. Steve Lawrance, SML Electrical, stated the L.E.D. price sign will save on electricity. Chairperson Kondrick asked Mr. Lawrence whether he has any disagreements with the stipulations? Mr. Lawrance replied, no. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:08 P.M. 2 Chairperson Kondrick stated he has no problem with this. The gas station has been there a long time. Commissioner Oquist stated it seems to conform with all the other signs currently at the gas stations. MOTION by Commissioner Oquist approving Special Use Permit, SP # 10-08, by SML Electrical, for an electronic gas pricing sign, generally located at 7680 Highway 65 NE with the following stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the Minutes of the April 13, 2010, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the Apri15, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Sibel to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the March 23, 2010, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Saba to receive the minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated, the Faulkner Construction Master Plan Amendment request for a senior living project on Central Avenue and East Moore Lake Drive was approved by the City Council. Ms. Stromberg stated, the ne�t Planning Commission will be June 16, 2010. 3 ADJOURN MOTION by Commissioner Oquist adjourning the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:12 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 0